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MUSLIM COMMERCIAL BANK LIMITED versus SYED ATAULLAH SHAH

Section 41 Civil Code of Conduct (v. 1908), AXXI, R 58 Release of property belonging to the executor, in the execution proceedings, the registration of a claim for protection under section 41 of the transfer of property, the claim of the object to be bankable In the execution of the decree I approved, the owner of the property connected by the banking court was not the owner of the original sale because the seller / decedent had the same property as his brother who mortgaged the property. Kept By submitting a title effect, the vendor / decision maker in question would have been sufficient indicator for the objectioner to understand. The original registered sale deed may have been used elsewhere by the seller / decedent or his brother and the property was not free of any defects, so the objector did not act in good faith and to detect Failure to take proper care of was due to the vendor / decision. Before the purchase of the property by the legitimate title and object to the object holder of the property, as a prudent person, before the purchase of the property, at least the seller / decedent shall disclose the original title of the property, the work Should have asked to do. It must be verified by the relevant constituents without regard to the immovable property of section 41 of the Transferred Property Act, 1882, and the title / status of the property banking court, and subject to the disappearance of the law in its entirety, subject to Granted, the bank was deprived of valuable property, as the security order approved by the banking court was exempt and allowed under O XXI, R 58 ask a advocate free from Sargodha lawyer